Restaurant co-worker found guilty of sexual assault
Carlow Courthouse
A DELIVERY man who works for a restaurant and who denied a charge of sexual assault of a co-worker was last week found guilty as charged in Carlow District Court.
Judge Geraldine Carthy had heard evidence about the case the previous week from the injured party, several of her colleagues and from the accused man.
She heard that in March last year, the 19-year-old injured party had gone upstairs in the restaurant in Co Carlow with the delivery man to help him carry supplies up there and that when they were alone, he put his hands on her waist, kissed her neck and touched her breasts.
She told the court the court that she got extremely upset and that a family member had to come and collect her from work. She said that just before the incident, the man had told her that he liked her, but she replied that he was married and had a family and that she had a boyfriend, and that nothing would happen between them.
A co-worker gave evidence of seeing the injured party, who was a supervisor in the restaurant, being very upset in the kitchen and of the defendant kneeling down in front of her apologising.
The teenager told the court that she did not give the man permission to touch her, while the defendant, who is in his 30s, said that the physical contact was mutual.
Defending solicitor Joe Farrell had submitted to the judge that the case centred around two different versions of the same event and Judge Carthy had adjourned sentencing so that she could fully consider the evidence before her.
Last week, she said that when the defendant was directly asked if the woman had given him consent to touch her, he replied that she hadn’t. Judge Carthy said it was “reasonable” that the defendant was guilty, so she was satisfied to convict him.
Mr Farrell said that it was “unsatisfactory” that the injured party had to go through giving evidence and added that the defendant was accompanied in court by his wife.
Judge Carthy said that she wanted a victim impact statement and a probation report before sentencing, adjourning the matter to 16 April for their preparation.
